If a foreclosure has already happened (post foreclosure) and the eviction process has begun we can still be of assistance. This list of options is not to be a complete list of options but an example of commonly used strategies. Often several strategies can be used simultaneously. Contact us for a Free Consult.
After the foreclosure has happened a homeowner can decide to file a wrongful foreclosure lawsuit. They would be filing a lawsuit based on errors during the foreclosure process or the lender’s ability to foreclose or any other circumstance a potential client may find. Outcomes vary but a big determination of success is if the homeowner still resides in the property. Once a homeowner moves out or is evicted it is more unlikely they will be able to get the home back as judges are reluctant to undo a sale to a new owner.
To initiate a wrongful foreclosure lawsuit, we will need a client to sign an engagement agreement and deposit a minimum of $3,000 into a client trust account.
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Once a foreclosure has taken place and the homeowner has decided not to fight it, they still have options while they posses the home. They can choose to fight in the eviction process allowing more time in the home. The homeowner has the right to show up in eviction court and if they lose they may be able to appeal the hearing to higher court. If they lose the higher courts hearing they may be able to appeal to an even higher court. Every appeal may require a cash bond that increases with each appeal.
We can assist you in this process. Our fees depend on your circumstance and county.
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Bankruptcy stops a foreclosure if filed before the foreclosure date. An emergency filing can be made up until 24 hours before the foreclosure date. Most bankruptcies filed in an attempt to save a home fail because the consumer does not understand what it is. If you have to file a Chapter 13 Bankruptcy, then all the debts that you currently are not paying on will get rolled into a monthly payment plan. You will be responsible for this payment plan plus you will have to immediately start making your normally scheduled mortgage payment. If you can not make the normal mortgage payment then the bank may eventually be able to start the foreclosure process again.
Schedule a free consultation via phone or in person.